Disciplinary Process

Call today for a free initial chat with an Employment Lawyer on (09) 214 5780.*

If an employer wishes to take disciplinary action (i.e. formal warning, demotion, dismissal) against an employee for misconduct or serious misconduct, they must:

Failure to do so is likely to result in a claim for unjustified dismissal (see Unjustified Dismissal) or unjustified disadvantage (see Unjustified Disadvantage).

At a minimum, the employer should:

If the employer wishes to suspend the employee during the investigation, it:

Unless the employee’s actions amount to serious misconduct, the employer should not dismiss the employee without first having given sufficient warnings. There is no statutory requirement to use a particular sequences of warnings, however, many employers use the following sequence:

First offence: Verbal warning
Second offence: Written warning
Third offence: Final written warning
Fourth offence: Dismissal

Summary dismissal is dismissal without notice or payment in lieu of notice. Summary dismissal is usually only justifiable where the employee has committed serious misconduct. Summary dismissal does not mean that the employer does not have to investigate the alleged misconduct or follow a fair procedure.

If you have been accused of misconduct or serious misconduct, contact us on (09) 214 5780.

* Provided we do have a conflict of interest and that there is no other reason why we could not act, we are happy to have initial 15 minute telephone consultation free of charge.

Disclaimer: The above information is for information purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on the information given.